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Crime is a distinctly European concept that was institutionalized into the criminal justice system through the penal code, created in the 1700s by founding theorists of criminology’s classical school of thought. In practice, crime is a concept that limits what can be defined as harmful and violent. Written at the height of Europe’s genocidal colonial wars and chattel slavery, the penal code excluded, and continues to exclude mass atrocities and violations committed through these institutions. Since criminal justice institutions were birthed through and spread by Western Europe’s colonial wars around the globe, the study of colonialism, crime, and social control requires a re-evaluation of the pillars of Western European thought and the peculiar colonizing economies and punitive praxis that produced the criminal justice system. Through an anticolonial, genealogical framework scholars and researchers can better locate criminal justice institutions, practices, and concepts within their colonial contexts, allowing for a more thorough understanding of how history, power, politics, and economy shape crime and practice social control in the 21st century. At the core of an anticolonial study of crime and social control is an understanding that Europe’s crime-concept depends upon institutionalized constructions of dangerousness for colonized people and nations, and lack thereof, for colonizing people and nations. Dangerousness, as defined by colonial renditions of race, gender, sexuality, ability, class, nation, and so forth, anchors the cultural and implemented processes of criminalization; as a result, proper and comprehensive deconstructions of colonizing definitions of dangerousness require an intersectional understanding of power and oppression. Therefore, an effective framework for the study of colonialism, crime, and social control necessitates a re-evaluation and re-articulation of the following questions: what is colonialism?; what is crime?; what is colonial social control?; and what is criminology’s relationship to colonialism?

Article

Walter S. DeKeseredy

There is no single critical criminology. Rather, there are critical criminologies with different histories, methods, theories, and political perspectives. However, critical criminology is often defined as a perspective that views the major sources of crime as the unequal class, race/ethnic, and gender relations that control our society. Critical criminologists oppose prisons and other draconian means of social control. Their main goal is major radical and cultural change, but they recognize that these transitions will not occur in the current neoliberal era. Hence, most critical criminologists propose short-term anticrime policies and practices and fundamental social, economic, and political transformations, such as a change from a capitalist economy to one based on more socialist principles.

Article

Asher Flynn and Nicola Henry

Image-based sexual abuse (IBSA) is a form of technology-facilitated sexual violence. The term describes a pattern of behaviors involving the nonconsensual creation, distribution, or threats to distribute, nude or sexual images. Also known as “revenge pornography” or “nonconsensual pornography,” IBSA affects a significant proportion of the population. According to Australian research conducted by Henry, Powell, and Flynn, and the Australian Office of the eSafety Commissioner, one in five Australians between the ages of 16 and 49 have had at least one experience of IBSA, including 1 in 10 who have had a nude or sexual image shared without their consent. In a 2016 US study conducted by Lenhart, Ybarra, and Price-Feeney, 4% of men and 6% of women ages 15 to 29 reported having had a nude or nearly nude image shared without their consent. These figures are likely to be an underestimate of the true prevalence of IBSA because such studies only capture victims who have become aware that images of them have been created or shared without their consent. Perpetrators of IBSA can include intimate partners, family members, friends, acquaintances, and persons unknown to the victim, with diverse motivations, including sexual gratification, retribution, coercive control, social notoriety, monetary gain, and voyeurism. The images themselves may be self-created by the victim as a “selfie” or produced consensually in the context of a relationship. Alternatively, images may be digitally altered, taken surreptitiously in public or private settings, or created coercively, or they may have been taken of a sexual assault or rape. While IBSA is not itself new, technology has created a conducive and large-scale platform for such abuse to occur.

Article

In the 21st century, an unprecedented rise in the visibility of and social acceptance for lesbian, gay, bisexual, and transgender (LGBT) people has been accompanied by exponential growth in scholarship on LGBT people generally and their experiences in diverse communities and institutional contexts in the United States and around the globe. A growing body of literature draws on first-person accounts, qualitative analyses, and statistical assessments to understand how and why LGBT people end up in prisons and other types of lock-up facilities, as well as how they experience being imprisoned and the collateral consequences of those experiences. Scholarship in this body of work focuses on (a) the range of abuses inflicted on LGBT prisoners by other prisoners and state officials alike, including mistreatment now widely recognized as human rights violations; (b) the variety of ways LGBT people are managed by prison officials, in the first instance whether their housing arrangements in prison are integrationist, segregationist, and/or some combination of both, including the temporary and permanent isolation of LGBT prisoners; and (c) the range of types of political mobilization that expose the status quo as unacceptable, define, and document the treatment of LGBT people behind bars as human rights violations, demand change, and advocate new policies and practices related to the carceral state’s treatment of LGBT people in the United States and across the globe. The study of LGBT people in prisons and other detention facilities is compatible with larger calls for the inclusion of sexual orientation, gender identity, and gender expression in criminology and criminal justice research by advancing theoretical and empirical understandings of LGBT populations as they interact with the criminal justice system, and by incorporating this knowledge into broader criminological conversations.

Article

Aimee Wodda and Meghna Bhat

Commercial sex continues to be an object of debate in the realm of criminological and criminal justice. The regulation of commercial sex in a global context varies due to local law, culture, and custom. Global criminolegal responses to selling sex include criminalization, decriminalization, abolition, neo-abolition, and legalization. In recent decades, global public policymakers have become increasingly concerned with the public health aspects associated with negative outcomes related to the criminalization of the purchase, facilitation, and/or sale of sex. These concerns include violence against those who sell sex, stigma when attempting to access healthcare and social services, increased risk of sexually transmitted infections or diseases (STIs or STDs) including HIV/AIDS, and economic vulnerability that leaves many who sell sex unable to negotiate the use of condoms and at risk of police arrest for carrying condoms. Those most at risk of harm tend to be young people, LGBTQ populations, and people who are racial or ethnic minorities within their communities—these are often intersecting identities. Organizations such as Amnesty International, the Global Commission on HIV and the Law, Human Rights Watch, UN AIDS, and the World Health Organization recommend decriminalization of commercial sex in order to reduce stigma and increase positive health outcomes. Scholars have also examined the challenges faced by migrant sex workers and the problematic effects of being labeled a victim of trafficking. Contemporary strategies geared toward reducing harm for those who sell sex tend to focus on rights issues and how they affect the well-being of those who sell sex.